EARLY ADMIN OF JUSTICE

Question 1

European Settlement in India

Answer 1

> Vasco Malabar Coast 1498
trading merchants
Dutch English Dane French
Mughal emperors zenith when they came in 17th century, weakening Mughal they took sides with the kingdoms

Question 2

English East India Company- Charter 1600

Answer 2

> trade and not acquisition
extend the company to East Indies
trade for 15 years subject to determination on 2 year notice if unprofitable
make laws for good governance and functioning
punish offences and officers

Question 3

Charter 1609

Answer 3

> James I
continuance of privilege with three year notice before withdrawal
punishment of grosser offences(Royal Commission 1601)- capital offences-jury of 12
trial of Gregory Lellington in 1616

Question 4

Firman

Answer 4

> 1618 Sir Thomas Roe, Ambassador succeeded to enter a treaty with Jehangir
right of self-government
own tribunal
local native autho - dispute btw English and Indian men
English law and religion in admin of Company
Mughal Governor to protect English against any oppression.

Question 5

After Firman

Answer 5

> governed by two system of law
president and members of the council were executive officers of the company
English laymen exercising law led to the exploitation of native authorities due to corruption.

Question 6

Charter of 1635 and 1657

Answer 6

1635 - to establish a Courten’s Association, old company faced competition.
1657- amalgamated joint stocks into one
transformed from trade guild to forerunner of modern stock company.

Question 7

Charter 1661

Answer 7

> after success purely trading to a territorial power
reorganisation of structure
Governor and officers appointed- admin over criminal and civil justice according to English law in BMC
punishment of
joint stock principle - share capital of 500 pound right to one vote

Question 8

Difference between 1600 and 1661

Answer 8

1600
*power to legislate not repugnant to English laws
*only to EIC students
*no capital punishment
1661
*laws of England were applicable
*everyone living in the settlement.
*capital punishment
*no distinction between judicial and executive powers

Question 9

Charter 1668

Answer 9

establish Court of Judicature by the Company

Question 10

Charter 1683

Answer 10

> Company raise military force
set up Admirality Courts
Court of judicature
* one learned civil judge and
two merchants
*equity, good conscience, laws and customs of merchants.

Question 11

Charter of 1686

Answer 11

appoint admirals and sea oficers in ships with the power to raise naval forces
exercise maritime rule
Admirality courts
1687 - muncipality and mayor’s court at Madras

Question 12

General Society 1693

Answer 12

> new company to break the monopoly under the name General Society (got statutory recognition in 1698)
serious conflicts and competition
Godolphin united both- The United Company of Merchants Trading to the East Indies

Question 13

Charter 1698

Answer 13

> created a Court of Directors
authority and control of the United Company was entrusted to the Court of Proprietors
Company continued till Regulation Act in 1773

Question 14

Settlement at Surat

Answer 14

> factory had warehouses for storage and settlements for employees
Surat- international port, sailed every year for Hajj pilgrimage
Qazi to protect the Englishmen - with this they routed their competitors like portugese
Indian laws were moostly religious - no concept of territorial law, regulate inheritance etc
civil law - personnal laws of hindu and muslims, criminal law- entirely Muslim
mughals not interested in the internal matters of the company so their own law
surat no contribution in the development of adminstration of justice.
Surat was subordinated to Bobay at 1687

Question 15

Madras settlement - first phase 1639-1678

Answer 15

> factory at St George was under Englishmen Agent
Agent and Council - civil and criminal matters

Question 16

Political position in bombay

Answer 16

> portugese accquired the island from bahadurshah >charles ii got as dowry from portugese
1668 bombay to EIC - rent 10 pound
company legislative and judicial
in lines with english laws
1670 gerald augier brought law under charter 1668 to bombay

Question 17

Charter 1668

Answer 17

> all powers from executive, judiciary to passing rules, punishment vested on the company
slow transition from trading power to sovereign

Question 18

Judicial reforms 1670

Answer 18

> Gerald Aungier reorganised the old judicial set up of Bombay.
first sec - freedom of religion
second sec - impartial justice - cases concerning deprivation of rights
sec 3 - criminal matters court of judicature with jury, all 12 englishmen if its trial involving englishmen otherwise 6 indians, appeal to GC, Justice of Peace -peace and order to arrest criminals
sec 4 - registration of land and houses
sec 5 - penalty for crimes
sec 6- military discipline, prevention of disorder and revolt
improved the system but sudden transition to english laws from old system not possible
divided BMG and MPSW - each court presided by customs officer, indian judges also,upto 200 xeraphins, appeal deputyGC
DGC had original juris over important felonies
defects - no knowlege of law, company not interested in learned judges,last appointed Wilcox, no separation of powers.

Question 19

New judicial plan of 1672

Answer 19

> central court- court of judicature
Aungier - equal title and right to justice for all inhabitants
Court of Judicature- civil,criminal,testamentary case
court charged - 5% valuation from litigants
judge probihit from private trade
granted salary
appeal to deputy GC
English procedure - including arrest and imprisonment
English substantive and statute law
speedy and impartial admin of justice
justice of peace - criminal matters, committing magistrates, examine witnesses
met once a month
court of conscience - decide petty civil , once a week, under 20 Xeraphin, final decision, no court fee, poor man’s court
Keignwins rebellion death of aungiers

Question 20

Admirality conflict with council

Answer 20

> after rebellion was suppressed set up courts for maritime causes
learned judge and 2 person chosen by company
equity and good conscience, customs of merchants
admirality in Bombay 1684 - St John civil law scholar judge advocate , CJ. of court of judicature
John child - not in favour of judicial independence